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Commercial Real Estate Civil Rights

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

West Coast Real Estate Update - May 2017 #1

by Holland & Knight LLP on

New Arizona Law Aims to Prevent "Drive-By" ADA Lawsuits - Arizona recently enacted a new law that gives businesses and property owners a 90-day grace period to fix alleged disability-access violations without paying...more

New Law Requires Specific Disability Language in Commercial Leases

by Ervin Cohen & Jessup LLP on

California Assembly Bill 2093 requires each commercial property owner/lessor to state on each lease form or rental agreement executed on or after January 1, 2017, whether the premises have undergone an inspection by a...more

Single-User Toilet Facilities in Any Business Establishment, Place of Public Accommodation, or Government Agency Must Be...

by Allen Matkins on

Assembly Bill No. 1732 (Ting, Chapter 818, Statutes of 2016) was signed into law on September 29, 2016, and went into effect on March 1, 2017. It added Section 118600 to Chapter 5 of Part 15 of Division 104 of the Health and...more

Arizona Attorney General Secures Dismissal of 1,700 Lawsuits By Serial Plaintiffs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A state court has granted the Arizona Attorney General’s Motion To Dismiss approximately 1,700 Arizona access lawsuits on grounds that the organizational and individual plaintiffs lacked standing to sue....more

Are Your Commercial Lease Forms ADA Compliant?

by Payne & Fears on

A commercial property owner must now provide the tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, if such a report has been issued which indicates...more

Your property was hit with an ADA lawsuit – now what?

by Shutts & Bowen LLP on

Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

New Accessibility Disclosure Requirements Impact California Landlords

by Ervin Cohen & Jessup LLP on

California Assembly Bill 2093, signed by Governor Jerry Brown on September 16, 2016, went into effect on January 1, 2017. AB 2093 amended California Civil Code Section 1938 and expanded landlord disclosure requirements under...more

Commercial Lease Alert: New Access Law Disclosure Requirements In Leases Effective January 1, 2017

Under current California law, commercial real property owners are required to state in every lease agreement whether the property leased has undergone inspection by a Certified Access Specialist (“CASp”) and, if so, whether...more

Disability Access Law Update Requires Changes To Disclosures In Commercial Leases Executed On Or After January 1, 2017

by Buchalter on

In 2012, the California Legislature passed Senate Bill 1186 in an effort to reduce the number of disability access lawsuits faced by business owners and to spur compliance with disability access laws. The bill, codified in...more

What Landlords and Property Managers Need to Know About the Americans with Disabilities Act

by Arnall Golden Gregory LLP on

In recent years, there has been a proliferation of “drive-by lawsuits” involving the Americans with Disabilities Act (“ADA”). Such actions typically involve a plaintiff’s lawyer cruising around town with a disabled individual...more

Hospitality Industry Law Newsletter

by Buchalter on

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract...more

California Modifies Commercial Lease Disclosures for Disability Access Laws

Manatt previously published a news alert on July 1, 2013, regarding California's update to Civil Code Section 1938, which required all commercial property leases to disclose whether or not commercial premises have undergone...more

New California Law Regarding Disclosure Of Disability Access Compliance In Commercial Real Property Leases

by Miller Starr Regalia on

Beginning January 1, 2017, revisions to current California law will expand the disclosure requirements and the responsibilities of landlords and rights of tenants regarding the compliance of commercial real property with...more

New ADA Compliance Disclosures Required for California Commercial Landlords

by Holland & Knight LLP on

California Gov. Jerry Brown on Sept. 16, 2016, signed into law AB 2093, which amends California Civil Code Section 1983 and expands disclosures regarding certain Americans With Disabilities Act (ADA) matters. The requirements...more

New California Lease Requirements for Disability Access

by Perkins Coie on

Perkins Coie published an alert on July 1, 2013 regarding California legislation (SB 1186), which required disclosures in commercial leases as to whether the property being leased had been inspected by a Certified Access...more

California Adopts New Requirements with Respect to Disability Access for Commercial Leases

by Nossaman LLP on

One of the 800+ bills that the California Legislature left behind for Governor Brown to sign in September was AB 2093, which amended California Civil Code Section 1938 and created new obligations for commercial landlords. ...more

California Imposes New Disabled Access Obligations on Commercial Property Owners

Since July 1, 2013, California Civil Code section 1938 has required commercial property owners to disclose in every commercial lease whether the property being leased has been inspected by a Certified Access Specialist...more

California Imposes New Disabled Access Obligations On Commercial Property Owners

Since July 1, 2013, California Civil Code section 1938 has required commercial property owners to disclose in every commercial lease whether the property being leased has been inspected by a Certified Access Specialist...more

Arizona Court Consolidates ADA Lawsuits

by Ballard Spahr LLP on

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more

New CA Law Requires Disclosing Known ADA Violations During Lease Negotiations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In yet another effort to reduce ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation to encourage tenants and landlords to acknowledge and address any...more

Serial Plaintiffs Are Filing Waves of Disability Cases

by Snell & Wilmer on

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

CFPB Announces $10.6M Settlement with Mississippi Bank over Redlining

by Balch & Bingham LLP on

In a case that demonstrates the scope of the Consumer Financial Protection Bureau’s (“CFPB’s”) reach, the CFPB and Department of Justice (“DOJ”) have entered into a settlement with BancorpSouth totaling almost $10,600,000...more

Increasing Legal Scrutiny of Website Accessibility in the Real Estate Industry

by Foley & Lardner LLP on

From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits...more

West Coast Real Estate Update: May 2016 #3

by Holland & Knight LLP on

California Adopts ADA Relief for Small Businesses - Gov. Jerry Brown signed California Senate Bill 269 into law on May 10, 2016, providing some limited relief to small businesses that are sued for violations of the...more

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

by Clark Hill PLC on

Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,...more

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